Ex parte HAMADA - Page 11




          Appeal No. 1996-3281                                                        
          Application 07/895,467                                                      



               We have made no determination as to the patentability of               
          claims dependent from claims 1, 16 and 33 on the above recited              
          grounds.                                                                    
               The Examiner’s decision rejecting claims 1 through 10, 16              
          through 25 and 31 through 33 under 35 U.S.C. § 103 is                       
          reversed.    A new ground of rejection of claims 1, 16 and 33               
          under 35 U.S.C. § 103 is entered under 37 CFR § 1.196(b).                   
               Any request for reconsideration or modification of this                
          decision by the Board of Patent Appeals and Interferences                   
          based upon the same record must be filed within one month from              
          the date hereof (37 CFR § 1.197).                                           
               With respect to the new rejection under 37 CFR §                       
          1.196(b), should Appellant elect the alternate option under                 
          that rule to prosecute further before the Primary Examiner by               
          way of amendment or showing of facts, or both, not previously               
          of record, a shortened statutory period for making such                     
          response is hereby set to expire two months from the date of                
          this decision.                                                              
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    

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